Form 1310

[Christian]

A client passed on and apparently had set up some form of trust into which all her assets will be placed. Two sons were named in her will as trustees to effect her will. They were not required to be appointed by our local circuit court and have no court certified document as a result having instead one stating their appointment to her trust as co-trustees. As she will receive a refund from the IRS I am attaching a copy of this to her Form 1310 for both brothers. Do y'all feel this will meet the requirements so the refund will be processed ? This is one of those new wrinkles I am forever encountering.

[Guest Taxed]

You should be ok. with Form 1310 because the person claiming the refund is not court appointed.

If the decedent is due a refund, it may be necessary to file Form 1310 (PDF), Statement of Person Claiming Refund Due a Deceased Taxpayer, with the return. If you are a surviving spouse filing a joint return, or a court appointed or certified personal representative filing an original return for the decedent, you do not have to file Form 1310. Court appointed or certified personal representatives must attach to the return a copy of the court certificate showing the appointment.